Amrendra Kumar & Ors. vs Union Of India & Ors.
2021 Latest Caselaw 2337 Del

                              $~73
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                              +      W.P.(C) 9192/2021 & CM APPL. 28625/2021
                                     AMRENDRA KUMAR & ORS.                              ..... Petitioners
                                                        Through:     Ms. Saahila Lamba, Advocate.

                                                        versus

                                     UNION OF INDIA & ORS.                           ..... Respondents

                                                   Through:          Mr. Dhawal Uniyal with
                                                                     Mr. Abhishek Khanna, Advocates.

                              %                                      Date of Decision: 27th August, 2021


                              CORAM:
                              HON'BLE MR. JUSTICE MANMOHAN
                              HON'BLE MR. JUSTICE NAVIN CHAWLA

                                                         J U D G ME N T

                              MANMOHAN, J: (Oral)

1. The hearing has been done by way of video conferencing.

2. Present writ petition has been filed challenging the Office Memorandum dated 16th October, 2020 and Sign al dat ed 30 th Ju ne, 2021 whereby the post of Constable/Kahar has been merged with the post of Constable (Kitchen Services). Petitioners also seek direction to the Respondents to either continue the petitioners on the post of Constable (Kahar) or assign them on any post in para medical cadre of Border Security Force [BSF].

3. Learned counsel for the Petitioners states that the Petitioners applied

Signature Not Verified Digitally Signed By:JASWANT

Signing Date:28.08.2021 22:49:41 for the post of Constable (Kahar) which was announced vide advertisement issued by the DG, BSF. She states that the Petitioners were appointed t o t he post of Constable (Kahar) and started performing their duties as provided in the Medical Manual issued by Medical Directorate, BSF, which were essentially to look after the patients admitted in the wards, OPD etc,, as somewhat akin to a ward boy in a hospital.

4. She states that the Ministry of Hom e Affairs issued t he im pugned Office Memorandum dated 16th October, 2020 whereby, inter alia, t he post of constable/kahar was merged with the post of Constable (Kitchen Services).

5. She contends that instead of scrapping the faulty decision of m erging the post of Constable (Kahar) with that of Constable (Kitchen Services), t he respondents went ahead with the same.

6. She emphasises that the Petitioners submitted a representation t o t he Director General, BSF praying for cancellation of merger of post of Constable (Kahar) with that of the post of Constable (Kitchen Services) but no response has been received thereto.

7. Issue notice. Mr. Dhawal Uniyal, learned counsel for respon dents, accepts notice.

8. Keeping in view of the fact that petitioners representation to the Director General BSF has not been disposed of till date, t his Cou rt directs that the present writ petition be treated as a represen tation t o t he Director General BSF. He is directed to dispose of the sam e by way of a reason ed order within eight weeks in accordance with law. The rights and contentions of all the parties are left open.

9. It is clarified that in the event, the pet itioners are aggrieved by t h e

Signature Not Verified Digitally Signed By:JASWANT

Signing Date:28.08.2021 22:49:41 decision of the Director General BSF, it shall be open to them to file appropriate proceedings in accordance with law.

10. With the aforesaid direction and liberty, the present writ petition along with pending application stands disposed of.

11. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J

NAVIN CHAWLA, J AUGUST 27, 2021 AS

Signature Not Verified Digitally Signed By:JASWANT

Signing Date:28.08.2021 22:49:41